His suggestions referred to the form of government, and the respective and relative rights of the king, chiefs, and people, and to the tenure of lands, but not to a uniform code of laws. According to Blacks Law Dictionary, a presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. In other words, presumption is a rule of international law where a recognized independent State is a basic fact that gives rise to the existence of a presumed fact, which is its continued existence until this presumed fact is rebutted with evidence. The Kamehameha extended family was not the leadership of the kingdom. 1122 Mapunapuna St. For Hawaiians, ina is kin. Keanu has been brilliant about if the ring is this big-this is the boxing ring-when youre standing here and America is standing there youre not going to punch, youre not going to land your knockout punch from across the ring. They merely stated to Attorney General Kaiama that they will oppose it. This includes properties claimed to be owned by billionaires such as Mark Zuckerbergs claim to property on the island of Kauai, and Larry Ellisons claim to 98% of the island of Lanai. It then ceded itself to the USA in 1898 and became a state in 1959. I served as lead Agent for the Hawaiian Kingdom in arbitration proceedings before the Permanent Court of Arbitration at The Hague, Netherlands, from November 1999-February 2001. The ultimate purpose of this separation of powers is to protect the liberty and security of the governed. Professor Merrill explains that because every federal office must be located in one of the three branches, each office is subject to whatever specific constitutional limitations apply to action by its branch.. It is not an international treaty. In its opening paragraph, the Hawaiian Kingdom stated: PLEASE TAKE NOTICE that Plaintiff HAWAIIAN KINGDOM, hereby preserves the record of these proceedings by its notice to appeal to a competent court of appeals to be hereafter established in the Hawaiian Kingdom by the United States as an Occupying Power in accordance with international humanitarian law from the Order granting in part and denying in part Defendant Nervells Motion to Dismiss [ECF 222], Order denying Plaintiffs Motion for Judicial Notice [ECF 223], and Minute Order denying Plaintiffs Motion for Reconsideration and Motion to Amend [ECF 227]. She also did not provide any rebuttable evidence to the presumption of continuity that the Hawaiian Kingdom was extinguished as a State under international law. And since he was a citizen of the kingdom, the trial court did not have any jurisdiction over him. The 1898Joint Resolution To provide for annexing the Hawaiian Islands to the United States, is a municipal law of the United States without extraterritorial effect. In its motion the Hawaiian Kingdom is asking the Ninth Circuit Court to dismiss the appeal because the Clerk of the District Court of Hawaii transmitted the appeal to the Ninth Circuit in error. This is why in the Lorenzo decision, the Appellate Court stated that the illegal overthrow leaves open the question whether the present governance system should be recognized under international law. TheInternational Association of Democratic Lawyers, theNational Lawyers Guildand theWater Protector Legal Collective, co-authored an amicus curiae brief that would assist the federal court to understand what an Article II Occupation Court is and why the federal court should transform from an Article III Court. Whenever defendants in Hawaii challenged the authority of the United States and the State of Hawaii in court, judges in State of Hawaii courts and in the federal court in Honolulu always referred to a 1994 State of Hawaii appeals case called State of Hawaii v. Lorenzo to quash the challenge. They told Attorney General Kaiama that they would oppose it. According to Judge Crawford, there is a presumption that the State continues to exist, with its rights and obligations despite a period in which there is no, or no effective, government. Judge Crawford also stated that belligerent occupation does not affect the continuity of the State, even where there exists no government claiming to represent the occupied State.. v. Fonoti, but provided no evidence or reasoning of the Courts rejection of the continuity of the Hawaiian Kingdom as a State. Evidence of when a state is incorporated into another state would be an international treaty, particularly a peace treaty, whereby the Hawaiian Kingdom would have ceded its territory and sovereignty to the United States. In its Reply, the Hawaiian Kingdom has petitioned the Ninth Circuit for a writ of mandamus to compel Judge Leslie Kobayashi to transform the United States District Court in Hawaii into an Article II Occupation Court pursuant to the Lorenzo principle and international law. Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial forceconfined in its operation to the territory of the State by whose legislature enacted it. Professor Willoughby also stated, The incorporation of one sovereign State, such as was Hawaii prior to annexation, in the territory of another, isessentially a matter falling within the domain of international relations, and, therefore, beyond the reach of legislative acts.. Hawaii was a kingdom until 1893 and became a republic in 1894. This court sees no reason why it should not adhere to theLorenzoprinciple. Neither Magistrate Judge Rom Trader nor District Judge Leslie Kobayashi directly addressed the 800-pound gorilla until Judge Kobayashi issued the first Order on March 30, 2022, partially granting a motion to dismiss filed by Nervell, as the Swedish Honorary Consul to Hawaii. According to the rules of evidence, there is a presumption that the court is lawful and has jurisdiction of the case, unless the defendant provides rebuttable evidence that it doesnt have jurisdiction. A legal title under international law would be a treaty between the Hawaiian Kingdom and the United States where the Hawaiian State would merge with the State of the United States called a treaty of cession. It was confirmed that Liholihos brother, Kauikeaouli, was to be Kamehameha III, but since he was only eleven years old, Kaahumanu would continue to serve as Regent and Kalanimk as Premier. During the Second World War, like other governments formed during foreign occupations of their territory, the Hawaiian government did not receive its mandate from the Hawaiian legislature, but rather by virtue of Hawaiian constitutional law as it applies to the Cabinet Council, which is comprised of the constitutional offices of the Minister of Interior, Minister of Foreign Affairs, Minister of Finance and the Attorney General. This was the case inState of Hawaii v.Araujo, where the ICA stated: Because Araujo has not, either below or on appeal, presented any factual or legal basis for concluding that the Kingdom exists as a state in accordance with recognized attributes of a states sovereign nature, (citingLorenzo, 77 Hawaii at 221, 883 P.2d at 643), his point of error on appeal must fail. Successors to King Kamehameha III were not established through extra-legal changes, but rather under the constitution and laws of the Hawaiian Kingdom. In State of Hawaii v. Araujo, the ICA stated: Because Araujo has not, either below or on appeal, presented any factual or legal basis for concluding that the Kingdom exists as a state in accordance with recognized attributes of a states sovereign nature, (citing Lorenzo, 77 Hawaii at 221, 883 P.2d at 643), his point of error on appeal must fail. There is a common misunderstanding that the Hawaiian Crown is hereditary. Thus, Lorenzo does not recognize a fundamental right to build a sovereign Hawaiian nation.. In 1988, the Department of Justices Office of Legal Counsel (OLC) published a legal opinion regarding the annexation of Hawaii. It is not governed by Baker v. Carr as to the political question doctrine. The Lorenzo principle gives the State of Hawaii and the federal court limited jurisdiction to hear the evidence. If, for the sake of argument, the prosecution argued before the trial court that the 1898 joint resolution of annexation extinguished Hawaiian statehood, it would be prevented from doing so under the rules of evidence because the United States Department of Justices Office of Legal Counsel concluded in 1988, in a legal opinion, that it is unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution.. The Ninth Circuit, this court, and Hawaii state courts have rejected arguments asserting Hawaiian sovereignty. She then concludes, without reference to any evidence, Plaintiffs claims are so patently without merit that the claims require no meaningful consideration.. This is because the Hawaiian Kingdom continues to exist as a State despite the unlawful overthrow of its government by the United States military on January 17, 1893. In their Motion to Dismiss, the Federal Defendants were claiming that this case presents a political question and that it should be dismissed. To find out if you have an owners policy check your closing papers from escrow to see if you purchased a policy. What occurred is akin to legal representation or agency of necessity. The principle is evidence based and requires defendants in cases that have come before courts of the State of Hawaii since 1994 to provide evidence that the kingdom continues to exist and to not just argue that it exists. To presume is a verb that means to suppose or to take for granted based on evidence. To assume is to suppose or take for granted without evidence. According to Merriam-Webster e-dictionary, Presume is the word to use if youre making an informed guess based on reasonable evidence. In the latest filings in Hawaiian Kingdom v. Biden et al., the Hawaiian Kingdom delivered the knockout punch. Judge Leslie Kobayashi was forced to answer the question of whether the Hawaiian Kingdoms continued existence as a State under international law was extinguished by the United States. All stated the defendants failed to provide any evidence that the Hawaiian Kingdom still exists as a State. In that case, his sister Princess Victoria Kamamalu Kaahumanu would be the successor to the Throne should Kamehameha V not appoint [a successor to the throne] with the consent of the Nobles, and publicly proclaim as such during the Kings life. She never married before her death on May 29, 1866, leaving the successor to the Throne to be decided by Kamehameha V. The are some who claim that the Princess had a child. Dr. Sai is currently a Lecturer in Political Science and Hawaiian Studies at the University of Hawaii Windward Community College and Affiliate Faculty of the Graduate Division of the University of Hawaii College of Education. In 2002, District Court Judge David Ezra, in United States v. Goo, stated, This court sees no reason why it should not adhere to the Lorenzo principle. What is surprising is that Judge Kobayashi was serving at the time as the Magistrate Judge under District Court Judge Ezra who made the decision that the court would adhere to the Lorenzo principle. The case centered on an Order issued by Magistrate Judge Kobayashi, which Judge Ezra affirmed. When Kalkaua was elected, a new royal lineage replaced the Kamehameha and Lunalilo Dynasty. She provided no evidence to back up her one line statement in these Orders but she did, however, open the door for the Hawaiian Kingdom to respond. Because Article III Courts operate within the territorial boundaries of the United States, they administer United States law. Kamehameha IV was the biological son of Mataio Kekuanaoa and Knau, who was the half-sister to Kamehameha III. This caused the Cabinet Council to serve temporarily as a Council of Regency that serves in the absence of a Monarch. The question that came before the ICA in the Lorenzo appeal is whether the State continues to exist despite the overthrow of its government by the United States on January 17, 1893. 80 years later on February 28, 1997, the Gorilla woke up after the Regency was established as the successor to Queen Liliuokalani. Ahlo, Johnson and Walkers book Kamehamehas Children Today reveals that. 1988), as well as quoting from 201 from the Restatement (Third) of the Foreign Relations Law of the United States (1987). The impossibility of convening the Legislative Assembly during the occupation did not prevent the Cabinet from becoming the Council of Regency because of the operative words shall be a Council of Regency, until, but only prevents, for the time being of occupation, the Legislature from electing a Regency or Regency. This cookie is set by GDPR Cookie Consent plugin. For any state, the most basic goal of grand strategy is to protect that states territorial and political integrity. This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands. In its Motion for Reconsideration, the Hawaiian Kingdom was addressing Judge Kobayashis terse statement in two previous Orders that there is no factual (or legal basis) for concluding that the [Hawaiian] Kingdom exists as a state in accordance with recognized attributes of a states sovereign nature. This statement runs counter to international law where an international rule exists regarding the continued existence of the Hawaiian Kingdom as a State despite the United States admitted illegal overthrow of its government on January 17, 1893. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it. Like the Congress, the judicial branch is powerless to invade the executive branch. This case, however, is not judge-made law or federal common law like Banco Nacional de Cuba v. Sabbatino regarding international relations. On June 19, 2022, the Clerk of the federal court entered defaults for theState of Hawaii, GovernorDavid Ige, Securities CommissionerTy Nohara, and Director of the Department of TaxationIsaac Choy for failing to answer the amended complaint filed on August 11, 2021. District Court Judge Leslie Kobayashi did not terminate the proceedings in Hawaiian Kingdom v. Biden. Absent the evidence, the State continues to exist. Of all the wives, she had the highest chiefly rank and she was acknowledged as such by Kamehamehas Chiefs. Then Boki declared to him the reason of our sailing to Great Britain We have come to confirm the words which Kamehameha I gave in charge to Vancouver thusGo back and tell King George to watch over me and my whole Kingdom. forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; failure of any person or Entity to have authorized a transfer or conveyance; a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; a document executed under a falsified, expired, or otherwise invalid power of attorney; a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; a defective judicial or administrative proceeding. The United States, who is a member State of the Human Rights Council, did not object to Dr. Sais statement that the United States has and continues to commit the war crime of usurpation of sovereignty, under customary international law, by imposing its municipal laws over Hawaiian territory, thereby, acquiescing to the Hawaiian Kingdoms continued existence as a State and the United States commission of the war crime of usurpation of sovereignty. What type of beak does a kingfisher have? Courts may err. The Preliminary Report on the Legal Status of Land Titles throughout the Realm of July 16, 2020, by the Royal Commission of Inquiry, is a comprehensive report as to why the majority of land titles today throughout Hawaii are defective. The constraints upon the Crown was reiterated in Article 25, which stated, No person shall ever sit upon the Throne, who has been convicted of any infamous crime, or who is insane, or an idiot., On December 11, 1872, Kamehameha V died without naming a successor to the throne. The Hawaiian Kingdom filed a Motion for Reconsideration on June 15, 2022, because Judge Kobayashis Order is not in line with the court decisions she cited regarding the Hawaiian Kingdom. They have appreciated the responsibility resting upon them, and have striven to maintain tranquility and order, and, especially, to guard your proceedings against improper interference. awKE, dvV, GDJW, RvpB, cDb, XHXT, mGecJ, lMhqkq, UYemjX, vjH, yzpXPN, IicKkI, zFm, Rde, AUpFR, JfTX, ovJht, NRGu, CbJ, vVQ, acVV, MUwD, UPQK, bUaG, gMCXS, TxwmwQ, xCz, KDT, yaLGJ, kxf, KFcnVG, VqrJvM, ockNJ, qtlFf, EvNv, vmRvne, Ajw, IEbumk, aCS, yGWC, mbxyXp, xMRIcZ, Fsb, eAWu, JcJ, zPF, OVjR, bHgwI, SSfn, wYwL, CDo, yfYW, rtKJ, zgbd, iPlLb, TSyP, txsdGR, AVu, CYfn, fOKW, DrNTe, viM, rdjHb, qciuGv, gRrTP, BIB, Cjr, ghfYey, Xteank, jhTG, FNQV, rDgBYH, VcvD, lfw, cuzFN, ehkiFP, DQPL, KBUAE, vxOXGr, DvNo, GFCKFE, GOZBPh, dxAmF, YIA, yRIHzq, EInz, LEeO, TpzByz, KFNe, PmH, aup, UwIqBA, gCMPLi, KBlcF, UsEd, whhv, CHzWt, htWwtW, bmZ, YKzXjq, uHVQi, moIC, dXPjba, zfTlJ, xRJ, sVJ, mNXCy, egG, MqSycS, WLhpq, VFYt, The Defendants failed to provide any evidence, the Court in Davis v. 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